CALCRIM No. 907. Assault Committed on Public Transportation Provider’s Property or Vehicle (Pen. Code, §§ 240, 241.3)
Judicial Council of California Criminal Jury Instructions (2023 edition)
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907.Assault Committed on Public Transportation Provider’s
Property or Vehicle (Pen. Code, §§ 240, 241.3)
The defendant is charged [in Count ] with assaulting a person on
a public transportation provider’s (property/vehicle) [in violation of
Penal Code section 241.3].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant did an act that by its nature would directly and
probably result in the application of force to a person;
2. The defendant did that act willfully;
3. When the defendant acted, (he/she) was aware of facts that would
lead a reasonable person to realize that (his/her) act by its nature
would directly and probably result in the application of force to
someone;
4. When the defendant acted, (he/she) had the present ability to
apply force to a person;
[AND]
5. When the defendant acted, (he/she) was on (the property of a
public transportation provider/a motor vehicle of a public
transportation provider)(;/.)
<Give element 6 when instructing on self-defense or defense of another.>
[AND
6. The defendant did not act (in self-defense/ [or] in defense of
someone else).]
Someone commits an act willfully when he or she does it willingly or on
purpose. It is not required that he or she intend to break the law, hurt
someone else, or gain any advantage.
The terms application of force and apply force mean to touch in a
harmful or offensive manner. The slightest touching can be enough if it
is done in a rude or angry way. Making contact with another person,
including through his or her clothing, is enough. The touching does not
have to cause pain or injury of any kind.
[The touching can be done indirectly by causing an object [or someone
else] to touch the other person.]
[The People are not required to prove that the defendant actually
touched someone.]
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The People are not required to prove that the defendant actually
intended to use force against someone when (he/she) acted.
No one needs to actually have been injured by the defendant’s act. But if
someone was injured, you may consider that fact, along with all the
other evidence, in deciding whether the defendant committed an assault[,
and if so, what kind of assault it was].
[Voluntary intoxication is not a defense to assault.]
Apublic transportation provider is a public or private operator of a (bus/
taxicab/streetcar/cable car/trackless trolley/school bus/ [or] other motor
vehicle) that transports people for (money/hire).
[A motor vehicle includes a vehicle that runs on stationary rails or on a
track or rail suspended in the air.]
[The property of the transportation provider includes the entire station
where public transportation is available and the parking lot reserved for
those who use the system.]
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give an instruction defining the elements of the
crime.
If there is sufficient evidence of self-defense or defense of another, the court has a
sua sponte duty to instruct on the defense. Give bracketed element 6 and any
appropriate defense instructions. (See CALCRIM Nos. 3470-3477.)
Do not give an attempt instruction in conjunction with this instruction. There is no
crime of “attempted assault” in California. (In re James M. (1973) 9 Cal.3d 517,
519, 521-522 [108 Cal.Rptr. 89, 510 P.2d 33].)
AUTHORITY
• Elements. Pen. Code, §§ 240, 241.3.
• Willful Defined. Pen. Code, § 7, subd. 1; People v. Lara (1996) 44 Cal.App.4th
102, 107 [51 Cal.Rptr.2d 402].
• Mental State for Assault. People v. Williams (2001) 26 Cal.4th 779, 790 [111
Cal.Rptr.2d 114, 29 P.3d 197].
• Least Touching. People v. Myers (1998) 61 Cal.App.4th 328, 335 [71 Cal.Rptr.2d
518] [citing People v. Rocha (1971) 3 Cal.3d 893, 899-900, fn. 12 [92 Cal.Rptr.
172, 479 P.2d 372]].
SECONDARY SOURCES
1 Witkin & Epstein, California Criminal Law (4th ed. 2012) Crimes Against the
Person, §§ 6-7 (assault generally).
ASSAULTIVE AND BATTERY CRIMES CALCRIM No. 907
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6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142, Crimes
Against the Person, § 142.11 (Matthew Bender).
CALCRIM No. 907 ASSAULTIVE AND BATTERY CRIMES
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© Judicial Council of California.
